Jillian Clare Cohen, Patricia Illingworth, Udo Schüklenk
U.S. trade offi cials frequently employ the rhetoric of free riding and piracy when discussing intellectual property (IP) rights for medicines (Drahos with Braithwaite 2002; Benson 2005). The gentler term free rider is applied when developed country governments (OECD) use monopsony power to negotiate price discounts on patented pharmaceuticals (Outterson 2004, 2005b; U.S. Department of Commerce 2004; PhRMA 2005). Poorer governments usually lack suffi cient market power as a purchaser to negotiate discounts for their low- and middle-income populations. In these cases, governments and patients may resort to unlicensed generic drugs and compulsory licensing. In response, U.S. trade offi cials and IP owners infl ame the rhetoric and label such activity piracy.
Fair Followers: Expanding Access to Generic Pharmaceuticals for Low- and Medium-Income Populations
he Power of Pills: Social, Ethical and Legal Issues in Drug Development, Marketing and Pricing
(Jillian Clare Cohen, Patricia Illingworth, Udo Schüklenk ed.,
Available at: https://scholarship.law.bu.edu/faculty_scholarship/1786